导读:这是一篇case study范文,讨论了雅虎在中国的一个案例。2005年,中国记者师涛因泄露国家机密被捕,被判处10年监禁。在这起事件中,雅虎帮助中国政府追踪了施正荣的互联网地址,并将施正荣的信息传达给了中国政府,这激怒了一些媒体和人权组织。他们认为雅虎缺乏商业道德,因为它用消费者的信息换取金钱。 1. Case summary SHI TAO, a Chinese journalist was arrested in 2005 for leaking state secrets which was about China’s notoriously poor record on human rights and he was sentenced to prison for ten years. In this case Yahoo helped Chinese government to track the Internet address and convey SHI’s information to Chinese government, which annoyed some media and human rights organization. They considered Yahoo was lacked of business ethics because it traded consumers’ information for money. 2005年,中国记者石涛因泄露国家机密被捕,罪名是中国臭名昭著的糟糕人权记录,他被判处10年监禁。在这起事件中,雅虎帮助中国政府追踪了施正荣的互联网地址,并将施正荣的信息传达给了中国政府,这激怒了一些媒体和人权组织。他们认为雅虎缺乏商业道德,因为它用消费者的信息换取金钱。 2. Ethical issues Lying the law aside, this part is going to discuss the ethical issues for each group in this case. 撇开法律不谈,这部分将讨论这个案例中每个群体的道德问题。 2.1 Individual level As a national citizen, he is responsible for protection of national secret and try his best to maintain steady society. Besides, he should also follow the law and regulation of country. Obviously, the behaviors of SHI TAO is not proper in terms of civil moral. Although the article is about the scandal of government (it is not verified) and maybe he want to release it to awake other Chinese compatriot, he is against the law and regulation, which brings damage to the society. 2.2 Organization level It is necessary for Yahoo to protect the information of its consumers and their right of privacy. When registering an account, a contract between Yahoo and consumer is set up and some items inside are to protect the information of consumer. Besides, Yahoo cannot use this information without the allowance of certain consumer. Needless to say, the broken promise of protection of right of privacy leads to a business ethics problem, which is against the principle of freedom of the will. 2.3 Societal level As for the societal level, the media and other communist should express their view with the clear understanding of the facts. Besides, government should be law-base administration of government. When it is necessary to adopt the information of SHI TAO in Yahoo’s database, it is suggested to adopt it in the legal procedure. 3. Alternatives for the characters There may be some other alternative choice for each group in this case to carry out a better solution 3.1 Individual level Maybe SHI TAO is going to express his complaint about Chinese government, which suppresses its citizens and he thinks it is illegal and it is against the human rights. So there are many better ways for him to express his appeals. Firstly, he can ask help for inspection department, which is responsible to supervise the government behaviors. Besides, the march and demonstration can also work with the help of public. 3.2 Organization level In this case, Yahoo is in a dilemma. It should follow the laws and regulation to match up government’s behaviors and also it should protect consumers’ right as well as the contract. In some extent, there is a contradictory. However, as the case mentioned, Yahoo can quote the law in Hong Kong, which is not asked to obey the law in mainland China to protect consumer’s information and right. In this way, Yahoo can get a balance between the government benefits and consumers’ right. Besides, Yahoo is corporate registering in America. So, it is responsible for it to communicate with United States Congress about the order from Chinese government. 3.3 Societal level Chinese government should also obey the law and regulation and protect the proper right of corporation. It is expected to implement policy based on the law instead of administrative order. In this way, it is suggested to apply a research for SHI TAO in a legal way and process. And then according the allowance from court, it can carry out measures to survey SHI TAO’s information and ask help from Yahoo. 4. Evaluation of alternatives In many situation, the interests of corporate, public and government are separated and complying with business ethics brings benefit for corporate, public and government. The alternatives mentioned above is based on the business ethics and it shows the commercialism. Firstly, the sense of responsibility. Different groups have different reporting relationship. As for Yahoo, the CEO should be responsible for its shareholders to keep the company running. Thus, it should obey the contract with consumers to protect their information as it can. Besides, it should obey the law from government and assist relative research when it is in a legal way. The alternative choice above can help Yahoo have a balance of interest between government and consumers. However, in some way, it is a way to take advantage of legal loophole because China has two set of law in mainland and special administration region like Hong Kong. So it is just an expedient for Yahoo to get time to have a break. If Chinese government get a cooperation with justice bureau in Hong Kong and suggests that make SHI TAO case suitable for Chinese mainland’ law, the dilemma for Yahoo will happen again. 5. Evaluation to each alternative of perception from each significant group As for the SHI TAO’s alternatives, Chinese government may try its best to cover it because it is the scandal of government. But there is no reason to arrest SHI TAO for government, since SHI expresses its complaints in a legal way. In regard to Yahoo’s choice, Chinese government may choose to cooperate with justice bureau in Hong Kong and the result may be the eventual result may be the same as the case. However, the communication with United States Congress about the Chinese government’s order may can help in some extent. At least, public can realize that Yahoo now is running the business in a legal pressure and it has try its best to protect its consumer – SHI TAO’s right of privacy. Although the outcome may be similar, Yahoo can demonstrate its business ethics and responsibility for consumers and awareness of complying with regulation. As for Chinese government, it may add pressures to Yahoo to make it carry out a corporative attitude in this case. Besides, it is also going to look for cooperation with Hong Kong. In addition, it may have to communicate with United States Congress due to the information is from an American corporate and it has put on records in Congress. 6. Constraints for alternatives There are some alternatives for each groups. But it may lose efficacy. As for individual level, SHI TAO does can express his complaints and political view in monitoring department. But it may does not work. Because it is a part of government in Chinese institution and they may ignore SHI TAO’s opinions. After that, when SHI TAO tries every means, he may does as this case again. As for Yahoo, the constraints are obvious. Firstly, Yahoo is a global company and there is a branch in mainland China. So it is responsible to obey the law and regulation in mainland China. So the alternatives for it to quote law in Hong Kong for a break may lose effect. In addition, the cooperation with Chinese government for research is common in China. We can see other internet company such as Microsoft, Baidu and so on in this field. Last, putting records on United Stated Congress can just relief the negative influence on Yahoo instead of eliminating it. As for China government, it can choose to ask for help from Yahoo to research information from SHI TAO. However, if Yahoo insists to keep the information confidential, Chinese government can just increase pressure to make it yield. 7. The proper alternative In this case, there is a trouble dilemma for Yahoo. Business ethics asks it to respect the spirit of contract and free will. Thus, SHI TAO’s information should be protect from violate from anyone. However, a corporate should obey the local law and regulation too. When facing the requirement from Chinese government with legal order, Yahoo has no choice but to cooperate with it. If Yahoo give up cooperation with government and resist till the end, it may be ruined. Maybe it can choose to exit Chinese market to keep its reputation. But it is against the business principle: gaining profit. So, in this case, to keep the corporate running in Chinese market, Yahoo has to learn to compromise. But, there are still many choices for it to reduce the negative influence and get understanding from public. First, it should try its best to fight for Chinese government in this case according legal provision of right of privacy. In the meanwhile, putting records on United Stated Congress and asking for help. Because this political event can be solved easily between governments. 8. Analysis of perception for the alternative It is a tough decision for Yahoo. But in this condition, it is the best choice for it if it is going to run business in Chinese market and keep the shareholders’ interest maximum. Because the noncooperation may make Yahoo lose license to operate the Internet business. Besides, it is also an illegal behavior for Yahoo to reject the cooperation requirement from government with legal order to research its citizen’s information. What’s more the Google event also shows that Chinese government may carry out some abnormal measures to gain this information about the political dissenter. According to Google’s review, it has been attacked by hackers who is supported by Chinese government, which aims to gain users’ information from Gmail.#p#分页标题#e# In terms of public, there will be still controversy undoubtedly. However, if Yahoo choose the decision mentioned above, it is going to get more support and understanding. As we all known, it is extremely difficult for a corporate to fight for government and the business ethics and principle ask it to follow the local law and regulation. If the public knows the detailed about this case and are aware of the fact that Yahoo has spent every means it can try to protect consumer’s information and interests, they will understand it. 9. Strategy to overcome negative feedback As a controversial event, it is hard to avoid the negative influence and feedback on Yahoo. First and the most important things for Yahoo is to public all the detailed of the course of event including its struggle for negotiation with government and what information it has conveyed to government as well as the reason why it should do so. This step can show that Yahoo is a corporate complying with the local law and the contract spirit, which can make public understand its difficulties that it is reluctant to discuss. Secondly, it is suggested for Yahoo to take part in more social activity such as charitable donation and so on to transfer a positive image to public, which can improve it brand image. Last but not least, a negotiation with government about the enterprise’s obligation and confirm the boundary of right of privacy for consumers. It can help to improve the business condition and set up basis for the similar events. |